AG v Bellas and Louis [2023] JRC 086 (26 May 2023)

Applications to reduce compensation payments are granted solely to ensure continued repayment to the victim, as refusal would likely result in default sentences and no benefit to the victim.

Citation: [2023] JRC 086
Parties: Defendant: Bellas; Defendant: Louis; Prosecutor: Attorney General; Victim: Victim (unnamed, aged 82/83)
Jurisdiction: Jersey
Judgment Date: 26 May 2023
Procedural Posture: Criminal / Post Sentencing Application
Outcome: applications granted
Legal Topics: Fraud, Compensation Orders, Breach of Trust, Sentencing Policy

Criminal Law Fraud Compensation Orders Breach of Trust Sentencing Policy

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 6

Parties

Bellas

Defendant

Louis

Defendant

Attorney General

Prosecutor

Victim (unnamed, aged 82/83)

Victim

Procedural Posture

Criminal / Post Sentencing Application

Legal Issues

1 Should the monthly compensation payments ordered against the defendants be reduced?
2 What is the appropriate balance between victim interests and enforcement of default sentences?

Ratio Decidendi

Applications to reduce compensation payments are granted solely to ensure continued repayment to the victim, as refusal would likely result in default sentences and no benefit to the victim.

Court Disposition

applications granted

Orders

Bellas to pay £250 per month in compensation.
Louis to pay £200 per month in compensation.